Military

Plain English Breakdown

The bill summary does not specify all potential impacts on state and local governments, leaving room for uncertainty.

Restrictions on Deployment of Tennessee National Guard

This bill restricts when members of the Tennessee National Guard can be deployed into federal active duty combat roles.

What This Bill Does

• Prohibits the Tennessee National Guard or its members from being released into federal active duty combat unless Congress declares war or takes specific actions under Article I, Section 8, Clause 15 of the U.S. Constitution to call forth the guard for executing laws, repelling invasions, or suppressing insurrections.
• Defines 'active duty combat' as participating in an armed conflict, performing hazardous services related to a foreign conflict, or carrying out duties through military instruments.
• Requires the governor to take necessary steps to comply with these restrictions.

Who It Names or Affects

• Members of the Tennessee National Guard
• The Governor of Tennessee

Terms To Know

Active duty combat

Participating in an armed conflict, performing hazardous services related to a foreign conflict, or carrying out duties through military instruments.

Official declaration of war

An official declaration of war made by the United States Congress pursuant to Article I, Section 8, Clause 11 of the U.S. Constitution.

Limits and Unknowns

• The bill could affect federal funding for Tennessee's Department of Military.
• There may be additional impacts on state and local governments, but these cannot be determined with certainty.

Official Summary Text

This bill prohibits a
Tennessee national guard or a member of the national guard
from
b
e
ing
released from military service of this state into active duty combat unless the United States congress has passed an official declaration of war or has taken an official action pursuant to the United States Constitution

to explicitly call forth the Te
nnessee national guard or a member of the national guard for the enumerated purposes of executing the laws of the union, repelling an invasion, or suppressing an insurrection.
As used in this bill, "active duty combat" means,
in the active federal militar
y
service, (i) p
articipation in an armed conflict
; (ii) p
erformance of a hazardous service relating to an armed conflict in a foreign state
,
or
(iii) performance
of a duty through an instrumentality of war
.

This bill requires the
governor
to
take all act
ions necessary to comply with this
bill, but
does not limit or prohibit the governor from consenting to the deployment of a Tennessee national guard member under
federal law

regarding
defense support for civil authority missions within the United States an
d United States territories.

Current Bill Text

HOUSE BILL 129
By Reneau

SENATE BILL 156
By Hensley

SB0156
001129
- 1 -
AN ACT to amend Tennessee Code Annotated, Title 58,
Chapter 1, relative to the military.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Title 58, Chapter 1, Part 1, is amended by
adding the following as a new section:
(a) As used in this section:
(1) "Active duty combat" means performing the following services in the
active federal military service of the United States:
(A) Participation in an armed conflict;
(B) Performance of a hazardous service relating to an armed
conflict in a foreign state; or
(C) Performance of a duty through an instrumentality of war; and
(2) "Official declaration of war" means an official declaration of war made
by the United States congress pursuant to the United States Constitution, Article
I, § 8, Clause 11.
(b) The Tennessee national guard or a member of the national guard must not
be released from military service of this state into active duty combat unless the United
States congress has passed an official declaration of war or has taken an official action
pursuant to the United States Constitution, Article I, § 8, Clause 15, to explicitly call forth
the Tennessee national guard or a member of the national guard for the enumerated
purposes of executing the laws of the union, repelling an invasion, or suppressing an
insurrection. The governor shall take all actions necessary to comply with this section.

- 2 - 001129

(c) This section does not limit or prohibit the governor from consenting to the
deployment of a Tennessee national guard member under title 32 U.S.C., defense
support for civil authority missions within the United States and United States territories.
SECTION 2. This act takes effect upon becoming a law, the public welfare requiring it.